Terms of Service
BY DOWNLOADING AND/OR USING OR ACCESSING RELAY OR THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND ENDEMIC AND NOT WITH ANY APP PROVIDER. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT DOWNLOAD OR USE RELAY OR THE WEBSITE. THESE TERMS MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME AND WILL BE POSTED ON THE WEBSITE. THE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE OR USE OF RELAY. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS.
Relay allows you and other users to post, link, store, share and otherwise make available information, images, videos, text and other content (“User Content”). In order to access Relay and connect and share User Content with other Relay users, you need to login using your Facebook account details.
All User Content which you transmit is your sole responsibility and as between you and us, you will own that content exclusively and you are responsible for protecting those rights. We do not actively monitor or have access to User Content which you transmit or receive through use of Relay. However if other users complain about User Content which you have provided, we reserve the right (but have no obligation) to investigate the same and to remove or refuse to distribute any User Content and to terminate users access. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of User Content on or through Relay does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Restrictions on Use
In using the Website and Relay you shall not:
- copy any content from the Website or Relay unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Relay; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Relay or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
- We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
We do not permit copyright infringing activities and infringement of intellectual property rights on Relay and will remove any such User Content if properly notified that such User Content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Website or Relay where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- You can contact our Copyright Agent via email email@example.com or by mail at Copyright Agent, c/o Endemic Mobile Inc., 3-185 Howland, Toronto, ON M5R 3B7
End User License
Except for User Content, Relay, this Website, and the information and materials that it contains, are the property of Endemic Mobile Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, we grant you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of Relay on a mobile device or other supported device that you own or control for your use (the “License”). Relay is licensed to you and not sold. Nothing in these Terms gives you a right to use Endemic’s names, trademarks (including Relay), logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or Relay shall be subject to the terms of these Terms.
You acknowledge that the App Provider has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Relay and any complaints or claims you may have in relation to Relay should be directed to us (see section 14 below).
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Relay will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You should promptly inform us of any claim that comes to your attention.
The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof. You must also comply with all applicable third party terms of service when using the App.
If You provide us with any suggestions, comments or other feedback relating to any aspect of the Website or Relay ("Feedback"), we may use such Feedback in the Website, Relay or in any other products or services without remuneration to you.
Advertising & Third Party Sites
In consideration for providing you with access to and use of Relay, you agree that we and our third party providers and partners may place advertising on Relay or in connection with the display of content or information on Relay. You acknowledge and agree that the Website and Relay may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that we shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by us of that third party, third party product or service. We are also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or Relay of a link to any other website(s) does not imply that we endorse or accepts any responsibility for the content or use of such websites, and You hereby release us from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
THE WEBSITE, RELAY AND ALL MATERIALS PROVIDED BY ENDEMIC ARE PROVIDED "AS IS." WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF RELAY IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF RELAY.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR RELAY, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF RELAY, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR RELAY, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS YOU PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
YOU SHALL INDEMNIFY AND HOLD ENDEMIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY USER CONTENT OR MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH RELAY OR THE WEBSITE AND ANY VIOLATION BY YOU OF THESE TERMS.
We may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website and services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or, (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website (or any part thereof), and/or (e) unexpected technical, security or legal issues or problems. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by us in its sole discretion and that we shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms by us shall be in addition to any and all other rights and remedies that we may have.
Availability & Updates
The Website and/or Relay may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Website without notice.
Information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the service provided through Relay and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to Relay or the Website, please contact us at: firstname.lastname@example.org.
Last Updated: August 24, 2012